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Employment appeals tribunal

  • 13-05-2007 10:49am
    #1
    Our man in Havana
    Closed Accounts Posts: 29,473 ✭✭✭✭


    If you take a case to the EAT and loose do you have to pay costs to the opposing side if they are represented by counsel?


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    Frivolous or vexatious claims may lead to a cost claim against an applicant. It doesn't make much difference what level of representation they have.

    It's a matter for the tribunal, but I would think that they would not normally award costs against an applicant because their claim is for a small sum or based on a technical breach of their rights. I would imagine that they would only make a costs order against an applicant if their claim was completely baseless or scandalous.


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Article 19 EAT Regulations:
    19. (1) Subject to subparagraph (2), the Tribunal shall not award costs against any party to an appeal.


    (2) Where in the opinion of the Tribunal a party to the proceedings (and, if he is a respondent, whether or not he has entered an appearance) has acted frivolously or vexatiously, the Tribunal may make an order that that party shall pay to another party a specified amount in respect of travelling expenses and any other costs or expenses reasonably incurred by that other party in connection with the hearing.
    http://www.irishstatutebook.ie/1968/en/si/0024.html#zzsi24y1968


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